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A BILL TO BE ENTITLED
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AN ACT
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relating to certain diseases or illnesses suffered by firefighters |
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and emergency medical technicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 607.056, Government Code, is amended to |
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read as follows: |
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Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. [(a)] |
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A firefighter or emergency medical technician who suffers an acute |
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myocardial infarction or stroke resulting in disability or death is |
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presumed to have suffered the disability or death during the course |
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and scope of employment as a firefighter or emergency medical |
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technician if [:
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[(1)
while on duty, the firefighter or emergency
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medical technician:
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[(A)
was engaged in a situation that involved
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nonroutine stressful or strenuous physical activity involving fire
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suppression, rescue, hazardous material response, emergency
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medical services, or other emergency response activity; or
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[(B)
participated in a training exercise that
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involved nonroutine stressful or strenuous physical activity; and
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[(2)] the acute myocardial infarction or stroke |
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occurred while the firefighter or emergency medical technician was |
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on duty [engaging in the activity described under Subdivision (1)]. |
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[(b)
For purposes of this section, "nonroutine stressful or
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strenuous physical activity" does not include clerical,
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administrative, or nonmanual activities.] |
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SECTION 2. Section 607.058, Government Code, is amended to |
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read as follows: |
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Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption |
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under Section 607.053, 607.054, 607.055, or 607.056 may be rebutted |
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through a showing by a preponderance of the evidence that a risk |
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factor, accident, hazard, or other cause not associated with the |
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individual's service as a firefighter or emergency medical |
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technician caused the individual's disease or illness. |
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(b) A rebuttal offered under this section must include a |
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statement by the person offering the rebuttal that describes, in |
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detail, the evidence that the person reviewed before making the |
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determination that a cause not associated with the individual's |
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service as a firefighter or emergency medical technician caused the |
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individual's disease or illness. |
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SECTION 3. Section 409.022, Labor Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In this subsection, the terms "emergency medical |
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technician" and "firefighter" have the meanings assigned by Section |
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607.051, Government Code. In addition to the other requirements of |
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this section, if an insurance carrier's notice of refusal to pay |
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benefits under Section 409.021 is sent in response to a claim for |
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compensation resulting from an emergency medical technician's or a |
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firefighter's disability or death for which a presumption is |
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established under Subchapter B, Chapter 607, Government Code, the |
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notice must describe, in detail, the evidence the carrier reviewed |
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before making the determination not to pay benefits. |
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SECTION 4. The changes in law made by this Act apply to a |
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claim for benefits or compensation brought on or after the |
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effective date of this Act. A claim for benefits or compensation |
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brought before that date is covered by the law in effect on the date |
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the claim was made, and that law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |